The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-06-27

Why Secretary Lamar Is Not Eligible to the
Appointments.

Appointment.
Washington Critic.
The numerous wiseacres and busybodies who
are constantly relieving the President by making
important federal appoin tments iE advance of
executive consideration, have, in their own pre-
sumption, securely placed Secretary Lamar on
the bench of the Supreme Court of the United
States in place of Justice Woods, deceased.
There are only two slight impediments in the
and these are. first, the fact that the President
has not yet appointed Mr.. Lamar for the posi-
ton, and second, the Senate has not confirmed
his nomination. With these trifing exceptions,
Secretary Lamar may be considered as clothed
with the judicial ermine and the black gown of
the Supreme Bench.
The Senate. the other important factor in
creating a justice of the Supreme Court, is
we'll known TO those who have given the subject
any attention, has decided views on the question
of the age qualification of a nominee for the Su-
prene Bench. There is an unwritten rule but
none the less forcible, recently adopted by the
judiciary committee of the Senate, to the effect
that it will not report in favor of the confrma-
ton of any one fo- position as a Justice of the
United States courts VINO is over sixty years of
age.
Now, Secretary Lamar was born in 1925, which
makes him sixty-two years of age, and conse-
quently under the rule of the Senate judiciary
committee he is ineligible. Senatorial cour-
tesy," which causes the Senate to promptly con-
firm, In most instances. the nomination of ex-
Senators to federal positions. doesn't apply in a
case of judicial prominence unless the nominee
comes within the age qualification, etc.
portant factors, necessary to create justice
of the Supreme Court, might well cause those
not interested in the Lamar boom to hesitate
before forming fixed conclusions as to the action
of the President and the Senate. President
Cleveland. more than any Of his predecessors.
has the habit of keeping his own couusels to
important federal appointments, not even. in
most instances, informing his Cabinet advisers
till he announces to them his conclusion in the
premises. Therefore, it is safe to assume, in
the important case of nominating justice of
the Supreme Court, that he will conform to his
custom of receiving suggestions from all sources
rendered, but will not intimate his decision be-
fore final determination. This seems to be in
entire harmony with his well-recognized charac-
teristics.
An exception was made in the case of Judge
Merrick, of the Supreme Court of the District of
Columbia, who was over sixty years old, but
only after full consideration of the exceptional
circumstances. Judge Merrick had previously
occupied n position the District bench, and
wns thoroughly familiar with the practice of the
court and the laws of the District. Secretary
Lamar has never occupied a judicial position,
and IL is against the policy of the Senate to con-
firm a raw hand" over sixty years of age
justice of the highest judicial tribunal of the
government In his case question of ability
and eminent qualifications for the position would
likely be raised; they are conceded; but his age
would be fatal
In this view of the case it will now be in order
to start boom for some new candidate. The
summer sostce a good season to anticipate
the action of the President and Senate in reor-
ganizing affairs of state generally.